Historical Newspapers of South Carolina

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THE MILT Daily Paper $10 a Year 'Let our Just Censure PHOENIX. Attend the True Event." Tri-Weekly $7 a Year. .BY JULIAN A. SEY. COLUMBIA, EL C., FRIDAY MORNING, FEBRUARY 9, 18G6. VOLUME I-NO. 2jp? THE PHOENIX, PUBLISHED DAILY AND TRI-WEEKLY, rm GLEANER, EVERY WEDNESDAY MORNINO, BY JULIAN A. SELBY. STATE PB'NTER. . TERMS- TN A I) VA NC?:. SUBSCRIPTION. Daily Panor, B?X months.$5 00 Tri-Weeklv. " " .3 50 Weekly, " " .2 00 ADVERTISEMENTS Inserted at 75 cents per square for the first insertion, and 50 cents for each subs?quent. Weekly 75 cents each insertion. t&~ Special notices 10 cents a line. AGENTS. * Thomas P. Slider, Charleston. H. Lu Darr, Sumter. S. P. Kinard, Newberry. Constitutionality of thc Stay taw Opinion of Judge Md' ?ch. "Wo find in thc Charleston Neics au interesting opinion from Judge Al? drich on tho constitutionality of the Stay Law, delivered in Court, on Tuesday last. As thc subject is one of greatwmd general interest at this time, wo subjoin thc following ex? tracts from his Honor's opinion. Tho casie -was submitted ruder a rule on Mr. Carew, Sheriff of Charleston Dis? trict: At thc time tho first Act was passed by tho Legislature, popularly called tho Slay Law, tliis constitutional ob? jection was raised, and at each sub? sequent enactment the same exception has been taken, although I do not now remember that it has been ear? nestly pressed or fully argued. I thought then, as I think now, that the remedy is an incident to the con? tract, but no part of the contract. It is true that a contract, in itself le?al, once entered into, cannot be de? stroyed by subsequent legislation, because that would be directly in the teeth not only of the Constitution of the United States, but of our own State, for both Constitutions have tho same provision: "No State shall pass any bill of attainder, ex j>osl facto law, or law impairing the obligation of contracts."-Const. U. S., Sec. lt), Arl. 1. "Nor shall any bill of attainder, ex jyost facto law, or law impairing thc obligation of contracts, ever be passed by the General Assembly. "-Const. S. C., 1700, Art. 10, Sec. 2. Const. S. C., 1865, Art. 0, Sec. 2. When the Stato says to the creditor (in a time of general distress) you may not add to the calamity which overwhelms the land, by harassing with lawsuits and sheriffs sales, those who happen to be in your debt, does such a mandate impair the obligation of the contract? A, in November, promises to pay Ii one hundred dol? lars, sixty days after date. In De? cember, the Legislature pass the law entitled 1 'An Act to extend relief to debtors, and to prevent the sacrifico * of property at public sales. " The Act suspends the remedy, and also sus? pends the operation of the statute of limitations. Now what is the obliga? tion of that contract ? That in sixty days B will pay to A tho hundred dollars. That is thc whole obliga? tion-nothing more and nothing loss. As an incident to this contract, how? ever, if B does not pay the hundred dollars, JIS therein stipulated, A has the right to sue him, and B runs the risk of costs and a sale of his proper? ty by the sheriff. But is this right to sue, and this danger of costs and sale, a part of the obligation of the con? tract, or only tho legal incident, RE? MEDY, to the contract ? "Who can oblige A to sue ? The law cannot. B cannot. No power can compel him to institute a suit for*the enforcement of his contract. If thc remedy be a part of the contract, it is equally binding upon tho creditor and debtor, upon both parties to the agreement. I h.ive said, the debtor cannot com? pel ibo creditor to sue ; if he could, it might relieve him from hopeless in? solvency, and enable him, by a sur? render of all his effects, to commence life anew, with a prospect of retriev? ing his fortunes. But not so thc creditor, relying upon thc integrity, the industry, thc experience, and the business capacity of tho debtor, rests upon his remed?/, and refuses to press it-thus trammel Mug thc energies and raining tho fortunes of tho honest debtor, who cannot surmount his difficulties. Now, if thc remedy bo a part of the contract, a part of tho obligation, it is mutual ; it is as bind? ing upon tho creditor as it is upon the debtor ; and while the creditor has the right to enforco it for thc col? lection of his debt, the debtor should have the right to enforce it for tho relief of his condition ; for wo can all . conceive the eas? in which it may bo as important to tho debtor to compel the enforcement, JUS it may bo to the creditor to insist upon tue perform ance. But as no such mutuality ex? ists, it does not come within the idea of tho contract, the obligation of which is equally binding on all the parties thereto. If the remedy bc a part of the contract, it may be insist? ed upon by both debtor and creditor; but as this is not true, it is then no part of tlie obligation, "a contract being an agreement between two or more parties to do or not to do a cer? tain thing." If the right to sue be a part of the contract and not an inci? dent, it is equi1 ly binding upon both, and the moment the terms are broken, the suit may be commenced by the one party thereto, or insisted upon by the other party thereto-the reme? dy being a part of the obligation. But as this is not true, then I am at a loss to perceive how the legislation which stays thc collection of the debt, at the same time that it stays the operation of the statute of limitations, impairs the obligation ol the contract. Thc State, the common mother, when the land was about to engage in the most terrible war known in history ; when all the resources of the country were required to maintain that war ; when all thc men of the country were needed and called upon to support on the battle-field, the great principle which the State, in her sovereignty, had asserted, in the exercise of her sovereign power, and for the com? mon good-said to all under her pro? tection, for the present, let the col? lection of debts bc delayed. For the present, the grand privilege of State sovereignty, secured under thc Con? stitution, is abet to be asserted, and while that great question is being tried, let all minor issues standstill. The creditor was not told, you shall not collect your debt-the debtor was not told, yon may not pay your debt: but both creditor and debtor were told, while you are engaged in this mighty struggle, your creditor shall not add to the distress of the land, by hunting down your debtor with thc 1 sheriff, and your debtor may display your patriotism in the field without the fear that your family will be ha? rassed or your fortune dissipated by law-suits. This was simply an altera? tion of th? remedy, a postponement of it; it did not impair thc obligation nf the contract, for the contract re? mained in full force, and the creditoi was protected against the delay in the collection, by the suspension ol the operation of the statute of limi? tations. It was only sayiug, for thc present, hold your hand; there arc great public considerations to which all private interests must yield; and so soon as this terrible calamity ol war is arrested, so soon as the country can regain its ability to resume thc customary duties of civil life, you will be permitted to enforce your con tract by the aid of the courts, for ir the meantime delay shall not operate to hinder the collection of your debt. The law is wise and beneficent, am" I am sustained in this view by thai eminent and good man, Chief Justice Marshall, who, in tho case of Sturgei vs. Crowninshield, says: "Withou impairing the obligation of the con tract, the remedy may certainly b< modified as the wisdom of the natioi may direct." Take an example coining under my own observation and similar cases, I suppose;, h:.T" come within the knowledge of iv; all I know a gentleman, a friend am client, whose business I transacted who had over $100,000 invested ii bonds, most of them in sums of ; $1,000 each; but for this law, tb constitutionality of which I am no^ considering, he might have put thes bonds in suit, recovered judgment ordered tho sheriff to collect in coin or to sell the lands of the debtoi The consequence would have been had he been a hard man, and not, a he was, a man of large benevolence he could have owned the land c most of theso creditors, and turne* their families out of their homet while the husbands and sons were i tho front fighting for him and hi property, he being too old to take th field. The Legislature, in its wisden said again and again, (for the law hu been re-enacted yearly,) no ?rue temptatioir to make great gain, t commit so great oppression, to axons an indignation ?o great, that the la may be resisted, shall exist; thc obi gation of the cont rael shall not be in paired, but the incident to the coi tract, the right to sae, ami levy, ami s< the property of the absent solcliei shall be suspended. In tho l?nguac of Chief Justice Marshall, "u I remalli shall V; modifiai.'1'' This State has exempted, by In insolvent laws, certain property < the debtor from levy and sale, know of no decision by our cour questioning tho constitutionality < this law. The Congress of tho United State passed a general bankrupt law, an I although its constitutionality w? questionoel in the debate on the pa sage of the bill, I elo not know tl decision of the Supreme Court whie decides that the law was uncoostiti tiona!. The Legislature of South Carolina and the Congress of the United States have passed laws sanctioning thc sus? pension of specie payments by thc banks, aud although I have heard thc constitutionality of such laws questioned, I do not know that thc courts have so ruled. Do not all of those laws interfere with tho remedy of the creditor? And yet no court has ventured to assort that they are unconstitutional. There are two revolutions, almost equally bitter in their consequences, to which society is continually ex? posed-tho political and thc com ' mcrcial revolution. Thc first brings war and all its consequent h orrors and suffering-a devastated land, a ruined and suffering people;. The second brings a derangement of thc whole financial system and its consequences -tho loss of credit, tho depreciation of the paper ft-l'ch represents money, the d?rangement of values, tho. diffi? culty in obtaining tho means of sup? port; in fine, all that is eonvojed by the word pmcrly. The one inevita? bly follows thc other. The legislative department of the Government, when it inaugurated this revolution, hoped that it might lead to a peaceful set? tlement of principles under the Con? stitution, but feared that it would lead to ic 'v, and attempted to protect the debtor class (which is always tho larger class) against the creditor or smaller class, which is sometimes justly and sometimes unjustly called the hard anet griping class. They knew that, let the matter end as it may, in the establishment of the great State rights principles and a strict construction of the Constitu? tion, for which wc had always con? tended, or in thc consolidation of the Governments-sti11 there would be a commercial revolution, which would inevitably follow, and greatly afflict the people, unless beneficent provi? sion was made in advance; and so they enacted and continued to enact a law which, while it does not impair the obligation of the contract, postpones and modifies thc remedy. Now, if it he true that "Governments aro insti? tuted for the protection of the many against tho few," for the purpose of contributing thc greatest happiness to tho largest number, who will say that the law is unwise, unjust or un? constitutional? Who will say that it is not the duty of a co-ordinate branch of thc Government-thc ju? diciary--to sustain such a law? Our maxim is: "Let justice bo done, though the heavens fall." I feel its truth, its power, and its force; but here is a question of doubt; the great? est judicial minds in tho country have hesitated anti divided. On tho one hand, is a prospect of gradual resto? ration to comfort and comparative prosperity. On thc other, is wide? spread ruin and distress. On the one hand, is a multitude of debtors pray? ing for mercy and for time, holding up the law which they fondly hoped was their protection. On the other, is a compact band of creditors cla? moring for their constitutional rights, as they are pleased to call it. So that if I had graver doubts on tho subject than I entertain, 1 would unhesitat? ingly say, on a question of such vast importance, involving such terrible consequences, that it is thc duty of tho judiciary to sustain the legisla? tive department of tho Government. The fact that the law was intended to protect the property and families of those who wort; fighting the battles of the country; the fact that the Le? gislature has passed this law again, and again, and again; tho fact that the great judicial minds of the coun? try have arrived at opposite conclu? sions; and the further fact that the law is wise, beneficent and just-all induce me to maintain its constitu? tionality. Let the rule be discharged. A. P. ALDRICH. THE STATE OF SOUTH CAROLINA VS. JOHN E. CAREW, SHERIFF. The following grounds of appeal have been handed to his Honor: 1. Because tho Act of the General Assembly, entitled ' 'An Act to extend relief to debtors, and to prevent the sacrifice of property at public sale," passed thc 21st of December, 1801, and the Act of the General Assembly, passed on thc 21st day of December, 1805, entitled "An Act to amend the law known o-s the Stay Law," impair tho obligation of contracts existing at tho time of tho passugo of tho said Act, arc repugnant to the Constitu? tion of tho United States, and of this State, and are unconstitutional and void. 2. Beoauio the said Acts discrimi? nate between causes of action which originated previous to their passage, and similar causes of action originat? ing subsequent to their passage, de? stroying all remedies in tho former class of cases, and leaving tho latter to be enforced in tho ordinary course of legal proceedings, and aro, there? fore, unconstitutional and void. WHALEY & LORD, Attorneys. THE AM Hay and Gi ABE NOW ! ri) COMPRESS COTTON FOR Tl rv\ \ V^. BY this system of compressing, the i?ftlDBcentage in freight, and preventing loi ES? to Hie seller a higher .price. Orders South Carolina Railroad Depot, Columbia, S PHI GROCERIES.! A General Assortment of Fino Family PROVISIONS, WINES & UQU0BSt Always on hand and for sale by CMMREliR GINGER PRESERVES, CITRON. r PRUNES, CURRANTS. Ci >COA, CHOCOLATE. CORN STARCH. Ground MACH and CINNAMON. " GINGER and SPICE. SA H .ER AT US and SODA. Peaches, Pine Apples, Ar., (canned.) Darley, Loaf Lard. Sugars-all lund*. Crackers- " Cheese superior quality. Extra Family Flour. Java and Rio Coffee. Green and black Teas. Now Hams, Sides and Strips. Smoked Reef, Goshen Butter. " Half and whole bids. No. 1 Mackerel. ALSO, Fine BRANDIES, WHISKIES, GIN. Port, Sborry and Madeira WINES. St. Margeaux A Co/a CHAMPAGNE. Prices fixed as LOW AS POSSIBLE" toping to give satisfaetion to all who may lonor na with a call. BRIDGE STREET, JUST BELOW Fob ?_RICHARDSQX. 20,000 LRS. R01LER AM) SHEET I f\f\f\ CAST STEEL, Nailor's, But .J-\/l/\J cher's and Wade's. Oval, Round, Tire, Horse-shoe, Broad, iand and Hoop IRON. / X I. A i: (1F. Q TJA X TI TI Es, AT VERY LOW PRICES, nSHBB&t?WB?UCB* Jan .'il Imo' ? CARD. ro tho physicians and citizens of Co? lumbia. I would respectfully inform rou that I have taken charge of the DRUG DEPARTMENT, in thc store (?r Mr. Hardy Solomon, Assembly Street, where he will keep constant Iv on hand a FRESH AND ?ARGE SUPPLY OF DRUGS AND ME KUTNES.H w?lgive my strict attention to tho PREPARATION OF PRESCRIPTIONS vt all hours of night and day. My long ixpericnco in thc drug business in this city s a sufficient guarantee. Respectfully, ?. M. ZEALY, Druggist', At Hardy Solomon's, lirst store on Assem ily Street,' West side. Jan 17 lin LUDWIG & KEATINGE, ENGRAVERS & LITHOGRAPHERS, CORNER NINTH A ND BROAD STS., FLicTimonci, "\7"?,. Jan Mt) 3mo CRAWFORD & MILLER, FACTORS, SHIPPERS AND COMMtS'N MEHOHAtVTSt OFFICE IN COTTON TOWN, COLT MHI A, S. O. WILL store or attend to thc forwarding of COTTON, PRODUCE, FURNI? TURE and GOODS entrusted to their caro. Will also sell HORSES, MULES, CAT? TLE, Ac. Wo pledge ourselves to uso every endea? vor to promote tho welfare of those who may favor us with their patronage. J. M. CRAWFORD. L. P. MILLEU. *?- Charleston News, Newberry Herald, Winnsboro News, Chester Standard, Abbe? ville Banner, Anderson Intelligencer and Greenville Mountaineer will publish two weeks, and forward bills. Dec 30 LEVIN & PEIXOTTO, GENERAL AUCTIONEERS AND COM? MISSION AGENTS, COLUMBIA, S. C. Comer Asscmldy and Plain Streets. OFFER their services to dispose off or purchase PRODUCE, REAL ESTATE i>r PERSONAL PROPERTY of any and rwory kind, and from their general know? ledge cf business hope to merit a share of public patronage. JACOB LEVIN. Lato Book-keeper Exchange Bank. I ?. c. [T?IXOTTO. Formerly associated will? F. Lnneo. .ian IA PREP ABED RANSPOBTATION OR STORAGE. TO is a savin": to tho skipper of a por^-\-rr\ ss hy wear and toar, beside socunng;*?^.*^ i taken at tho Prosa, adjoining <hc*/?cjji& . C. .lau 27 Imo* Columbia to Charleston. THE NEW and FIRST-CLASS LIGHT DRAFT STEAMERS GEORGE and FASHION aro novrprepared to make en? gagements to take Freight from Granby I/anding to Charleston. All goods for? warded DY this liae will bo ir sured, if do sired. Also, forwarded to New York, and advances made upon th? same, if required _Jan ll Imo .A. L. SOLOMON. Agent. Sup'ts Office, Charlotte & S. C. R. R, j COLUMBIA, S. C., JANUARY. 1, 1SGC ONE HUNDRED LA BROKERS wanted, to work on tho track. Applv to WILLIAM REY? NOLDS, Section Master, at the Depot. Jan 3 .IAS. ANDERSON, Sup"t THROUGH ROUTE NORTH, VIA CHARLOTTE AND CUKE XS HOHO, X. C., A NJ) DANVILLE AND RICHMOND, VA. STAGES leave Columbia, S. C.. daily, connecting with Charlotte and South Carolina Railroad: Arrive at Charlotte, N. C. 2.30 p. m. Leave Charlotte.3.00 p. m Arrive at Greensboro, N. C.. .10.0(1 p. m Leavo Greensboro.-10.20 p. m Arrive at Richmond, Va. 3.15 p. in the following day, connecting with evening trains for Washington and all tho North ern cities. Close connections made, and T?O delay on this routo. Nearest and best route North J. FIT/ JAMES, Agent Jan 23 3mo R. I). fe P. Railroads. Greenville and Columbia Railroad. GENE S U PE It IN T E N D ' TS OFFICE, COLUMBIA, January 2H, 18('(i. ON and after WEDNESDAY next, the 3!st inst., the Passenger Trains will run daily (Sundayaftetccptcd) as follows: Leave Columbia at^7.. 6.00 a.m. " Alston at.11.00 " " Newberry at.12.50 p. m. Arrive nt Abbeville at. COO " " at Anderson at.S.10 " at Greenville at.9.00 " Leave Greenville at. 4.30 a. m. " Anderson at.5.30 " " Abbeville at. 7.45 " " Newberry at. 1.10p.m. Arrive at. AlstoiTat.2..">5 " " at Columbia at. s.oo " There will he about seven milos of stag? ing still between Fresh loy's and Alston. Passengers will bo furnished with tickets through, including tho road, stag?! and ferry. 60 pounds baggage only allowed on stage to ono seat. ' J. B. LASSALLE, Jan 28 General Superintendent. Schedule over South Carolina R R. sm GENERAL SUP'TS OFFICE, CHARLESTON, January ls, IHOO. TEAVE Charleston at.COO a. m. - J Arrive at Columbia.4.25 p. m. Leave Columbia at.COO a. m. Arriv<i at Charleston.4.15 p. m. Jan 18_H.T. PEAKE, Gen. Sup. South Carolina Railroad Company, GEN. SUPERINTENDENT'S OFFICE, CHARLESTON', January 16, 1866. ON and after this^datc, Passenger and Freight Trains will run on tho Augusta Branch to Graham's, as follows: Leave Charleston.('?.00 a. m. Arriva at Graham's.1.30 p. m. Leave Graham's.0.10 a. m. Arrive at Charleston. -.4.15 p. m. _Jan 17 H. T. PEAKE, Gen. Sup. Sup'ts Office, Charlotte & S. C. R. R., COLUMBIA, JANUARY 1, 1866. THIS road is now completed to within throe miles of Ridgeway, and daily Passenger Trains running as below: Leave Charlotte on arrival of thr .North Carolina train, at 10 a. m.; arrive near Ridgeway at 7 p. m., connecting with thc stages from and to Columbia, an.l return to Winnsboro the same evening. Leave Winnsboro at 6.50 a. m.; arrive in Charlotte at 2.30p. m., connecting with the through train on tho North Carolina Road. Jan 3 JAS. ANDERSON, Sup't JOHNC. SEEGERS, WHOLESALE & RETAIL GROCER, ^y^^han.i'au'd sells I,? >W Ft>U|?j^[ FLOUR, MEAL, CORN, BACON, LARD, BUTTER, COFFEE, TEA, SUGAR, RAI? SINS, Sic. ALSO, WINKS, BRANDIES, LIQUORS AND ALE. AU Of tho very Lest. His mles aro: To soil low for cash, to give full measure and to keep always on hand tho very host article* in the market .lan 31 SELLING OFF AT * Reduced Prices TO MAKE ROOM FOR SPfttNG & SUMMEH STOCK* WHOLESALE AM) RETAH. DEALERS IN Dry Goods, CLOTHING GROCERIES, OFFER THEIR Large & Well-selected Stock AT DEDUCED PBJCES ! CONSISTING OF: AGOOD assortment of PRINTS, of all colors and qualities. DELAINES, POPLINS. >. French and English MERINO. Black and Colored ALPACA. DEBEGE, LINDSEYS. Opera, White and Red All-wool and Cot ion FLANNEL. . GINGHAM, JACONET, SWISS MUSLIN. JEANS, CAMBRICS, PAPER CAMBRICS. Bleached and Unbleached HOMESPUN. Linen and Cotton SHEETING. PILLOW-CASING, TICKING. SHAWLS, LADIES' CLOAKS. HATS and BONNETS, tr'med and nnt'd. BONNET FRAMES, RIBBONS. FLOWERS, FEATHERS, RUCHES. BUGLE and other Fancy Dress and 21oak Trimmings. Handkerchiefs, Gloves, Hosiery. Cutis, Collars, Hair Nets. Breakfast Shawls, Sontags. Hoop and Balmoral Skirts, Corsets. Veils, Coate's and Clark's Spool Cotton. AI*SO, A FULL LINE OF GENT'S FURNISHING GOODS ! CONSISTING OF: Over, Business and Black Frock COATS. PANTS and VESTS of all qualities. White Linen and Woolen OVER-SHIRTS. Shaker, Merino, Woolen and Cotton UNDER-SHIRTS and DRAWERS. Socks, Suspenders, Collars, Wristbands. Neck-Ties, Pocket Handkerchiefs. Hats and Caps. Fine Pegged and Sewed Boots, Gaiters and Shoes. ^ . Together with a large and well-selected stock of Plain and Fancy G-roceries, FLOUR, BACON, CHEESE, BUTTER. LARD, TEA, COFFEE, SUGAR. Whole and '?round Spices, Candles. Fancy and Common Soaps. ( Soda, Indigo, Copperas, Bine Stone. Hadder and Logwood. Plain and Fancy Crackers. Herrings and Mackerel, by tho barrel half barred and kit. Sweet Oil, Yeast Powders. Carbonato of Soda, Concentrated Lye. Fancy and Plain Candies. Sugar anil Fancy Toys, Sardines. Kerosene Oil. Cotton and Wool Cards. Pocket arid Table Cutlery, Scissors. Tobacco and Scgars. Together with a large assortment of goods usually kept, ami too numerous to mention. ALSO, ON HAND, A largo stock of WATCHES, CLOCKS, SPECTACLES, Ac. Watches, Clocks and Jewelry repaired. Old GOLD and SILVER bought. New and second-hand WATCH ES bought. AGENTS FOB KALB'S PATENT LIMBS. HARTMAN'S PATENT E LAST 1 C CRUTCH. And FAIRBANK S SCALES. . Assembly Street, /.' ET\Y F r.'.Y /. A 4 / V * rr 4 .*/? / JTU Ti > .v, COLUMBIA, S.C. .Un 4